Wednesday, April 30, 2014
Judge Lynn Adelman (E.D. Wis.) yesterday struck Wisconsin's voter ID requirement, ruling that it violated both the Constitution and Section 2 of the Voting Rights Act. The ruling in Frank v. Walker is a wide-ranging, thorough examination of the evidence of the state's interests, the hassles for voters to comply, and the disparate impact on black and Latino voters. The ruling permanently enjoins the state from enforcing its voter ID requirement.
(There are two other cases challenging Wisconsin's voter ID law under the state constitution. They're both at the state supreme court.)
As to the constitutionality of the law, the court applied the Anderson/Burdick balancing test and concluded that the burden of the voter ID requirement outweighed the state's interests. The court said that the state's interests in preventing in-person voter-impersonation fraud, promoting confidence in the integrity of the electoral process, detecting other types of fraud, and promoting orderly election administration and recordkeeping were not supported, or barely supported, by the evidence. On the other hand, the court found that the hassle to individual voters in complying with the law could be substantial.
The principal difference between this case and Crawford v. Marion County, the 2008 case where the Supreme Court upheld Indiana's voter-ID law, was the evidence of voter burden. Here, as the court carefully recounted in the opinion, there was particular evidence of serious burdens to individual voters. Not so in Crawford.
As to Section 2 of the VRA, the court said that blacks and Latinos more likely lacked qualifying voter ID--that's based just on the numbers--and therefore were disparately impacted in violation of Section 2. The court rejected the state's argument that blacks and Latinos had equal access to voter ID, even if they more likely lacked voter ID in reality; the court said that equal access didn't reflect the Section 2 test. But even if it did, the court said that blacks and Latinos were likely to have a harder time obtaining qualifying voter IDs. Either way, the court said, the voter ID requirement violated Section 2.
The court said it would "schedule expedited proceedings" to hear a claim that a legislative change in the voter ID requirement saved it, and thus to lift the injunction. But the court also said that "given the evidence presented at trial showing that Blacks and Latinos are more likely than whites to lack an ID, it is difficult to see how an amendment to the photo ID requirement could remove its disproportionate racial impact and discriminatory result."